Barry Zalma is an insurance coverage attorney and Certified Fraud Examiner. He is the founder of Barry Zalma, Inc., a California law firm whose practice emphasizes the representation of insurers and those in the business of insurance and is the principal consultant of Zalma Insurance Consultants.
Mr. Zalma is the author of “Insurance Claims – A Comprehensive Guide,” “Construction Defects” and “Mold: Claims and Litigation” published by Specialty Technical Publishers, Vancouver, BC with details available at http//www.stpub.com. He also publishes e-books and articles at http://www.zalma.com/zalmabooks.htm.
Mr. Zalma has testified as an expert witness in the California Superior Court, the United States District Courts in California and Mississippi, the Superior Courts of Nebraska, Texas and Oklahoma, and in the British Cayman Islands.
He is an internationally recognized expert on insurance claims handling, insurance coverage, insurance fraud investigations, the commercial general liability policy, the comprehensive general liability policy, the homeowners policy, all first and third party insurance policies, inland marine coverages, and the tort of bad faith.
The Commonwealth Court of Pennsylvania, in Hospital & Healthsystem Association of Pennsylvania v. Ins. Commissioner, 939 C.D. 2011 (Pa.Commw. 08/09/2013) was called upon to decide whether a governmental entity – acting like an excess insurer – overcharged health care providers and appropriated funds belonging to the providers. The health care providers and trade associations petitioned […]
This is Part 2 of a two-part series on claims management in the wake of a disaster. Part 1 of this series can be found here. Protect All Property From Further Damage Every policy requires that the insured protect the property from further loss. Therefore, you should turn off any water flow to broken appliances […]
This is Part 1 of a two-part series on claims management in the wake of a disaster. Part 2 in the series can be found here. Presenting a Claim If your house was damaged or destroyed by fire, windstorm, or flood as a result of state declared catastrophes and you had a fire, homeowners, flood […]
Never Ignore the Statute of Limitations The Wisconsin Court of Appeal was called upon to resolve a dispute over the application of a statute of limitations in a suit against American Family Mutual Insurance Company, Gage Creighbaum, Sherry Lagios, and Dimitrios Lagios (the “defendants”) who appealed an order denying their motion to dismiss. The trial […]
When Stakeholder Causes Dispute It Can Still Be Sued For Negligence Not Related to Dispute The Ninth Circuit Court of Appeal was asked to determine whether the federal interpleader remedy shields a negligent stakeholder from tort liability for its creation of a conflict over entitlement to the interpleaded funds? The Ninth Circuit resolved the issue […]
Insurers Should Never Allow Slumlord to Profit From Bad Acts In Axis Surplus Insurance Company v. Reinoso No. B228332 (2012) WL 2389324) an insurer, under a full reservation of rights, including the right to recover any costs of defense or settlements paid, defended Edgar and Linda Reinoso from claims by their tenants. Evidence, as the […]
Effective Underwriting Requires Review of CC&R's Every insurer that insures developers of condominium projects in California for their liability for claims of construction defects should carefully review the decision of the California Supreme Court in Pinnacle Museum Tower v. Pinnacle Market Development, No. S186149 (Cal. 08/16/2012). The holding of the California Supreme Court should be […]
An Insurer Should Never Deny A Defense Unless Absolutely Certain There Is No Potential For Coverage The District Court, Northern District of California, granted a motion for summary judgment in favor of KB Home in part against the Travelers in Kaufman & Broad Monterey Bay, et v. Travelers Property Casualty, No. : 5:10-CV-2856 EJD (N.D.Cal. […]